Colonial Criminal Law and Other Modernities: European Criminal Law in the Nineteenth and Twentieth Century

University of Toronto - Faculty of Law; University of Toronto - Centre for Ethics

Date Written: June 26, 2017

Abstract

This paper has two parts. The first part reflects on various traditional approaches to the historical study of European criminal law in the nineteenth and twentieth century. The second part lays out an alternative, two-track, conception of "modern" European criminal legal history. It does this by taking an upside-down -- or outside-in -- view of the subject, by focusing on an understudied, but fascinating, project of European criminal law: the invention, implementation, and evolution of colonial criminal law.

Dubber, Markus D., Colonial Criminal Law and Other Modernities: European Criminal Law in the Nineteenth and Twentieth Century (June 26, 2017). Oxford Handbook of European Legal History, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2992821

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Penelope Andrews at New York Law SchoolNew York Law School, Olufunmilayo Arewa at Temple University - James E. Beasley School of Law, James Thuo Gathii at Loyola University Chicago School of Law, Jonathan Klaaren at University of the Witwatersrand, Johannesburg, Makau W. Mutua at SUNY Buffalo Law School, Brian Ray at Cleveland-Marshall College of Law, Cleveland State University

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